44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO DRIVER'S LICENSES AND IDENTIFICATION CARDS; AMENDING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 66-5-20 NMSA 1978 (being Laws 1978, Chapter 35, Section 242) is amended to read:

"66-5-20. [DUPLICATE] REPLACEMENT LICENSES.--In the event that a permit or driver's license issued under the provisions of this article is lost, stolen, mutilated or destroyed, or in the event of a name [and] or address change, the person to whom the [same] permit or driver's license was issued may, upon payment of the required fee, obtain a [duplicate or substitute thereof] replacement upon furnishing proof of age and identity satisfactory to the [division] department. A person who loses a permit or driver's license and who, after obtaining a replacement, finds the original, shall immediately surrender the original to the department."

Section 2. Section 66-5-47 NMSA 1978 (being Laws 1978, Chapter 35, Section 269, as amended) is amended to read:

"66-5-47. PHOTOGRAPHS--EVIDENCE OF APPLICANT'S AGE.--

A. The [division] department shall reproduce the likeness of drivers, subject to the following conditions:

(1) photographs or other reproductions of the likeness of all persons shall show a full face or front view; and

(2) photographs or other reproductions of the likeness of all persons under the age of twenty-one years shall have a printed legend, indicating that the person is under twenty-one, which shall be displayed in such manner as to be easily read by any person inspecting the license.

B. Each applicant for an initial license or a replacement license shall produce evidence of the applicant's age. Proof of an applicant's age shall be a birth certificate, copy of a birth certificate, [a church record purporting to show the date of birth and baptism, an acknowledged copy of the church record] a valid passport or other evidence which the [director] secretary deems sufficient. The date of birth shown on any driver's license or any instruction permit issued by the [division] department shall coincide with the date of birth shown on the proof of the applicant's age."

Section 3. Section 66-5-401 NMSA 1978 (being Laws 1978, Chapter 35, Section 328, as amended) is amended to read:

"66-5-401. IDENTIFICATION CARDS.--Any person [thirteen years of age or older] who does not have a valid New Mexico driver's license may be issued an identification card by the [division] department certified by the [registrant and attested to by the division] applicant as to true name, correct age and other identifying data as the [division] department may require. Every application for an identification card shall be signed by the applicant or the applicant's parent or guardian. The [director] secretary may, for good cause [shown], revoke or deny the issuance of an identification card."

Section 4. Section 66-5-402 NMSA 1978 (being Laws 1978, Chapter 35, Section 329, as amended) is amended to read:

"66-5-402. PERSONS ELIGIBLE FOR IDENTIFICATION CARDS.--The department shall issue an identification card only to:

A. a person who is a New Mexico resident and who does not have a valid New Mexico driver's license and only upon the furnishing of a birth certificate [a certificate of baptism] or its copy, a valid passport or other evidence that the department deems sufficient as documentary evidence of the age and identity of the person; or

B. a person over age sixty-five who is a New Mexico resident and who is surrendering a valid New Mexico driver's license, which license shall be sufficient documentary evidence of the age and identity of the person."

Section 5. Section 66-5-404 NMSA 1978 (being Laws 1978, Chapter 35, Section 331) is amended to read:

"66-5-404. DUPLICATE CARDS.--In the event an identification card issued pursuant to Section 66-5-402 NMSA 1978 is lost, stolen destroyed or mutilated or [a new name is acquired] a name or address is changed, the person to whom [it] the identification card was issued [shall] may obtain a [duplicate] replacement upon furnishing satisfactory proof of [such fact] age and identity to the [division] department and paying the required fee. Any person who loses an identification card and who after obtaining a [duplicate] replacement finds the original card shall immediately surrender the original card to the [division] department. The same documentary evidence shall be furnished for a [duplicate] replacement as for an original identification card."

Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.